How Safe Is the Apartment You Want to Rent? Key Questions to Ask a Landlord Before Signing a Lease
A sense of security and safety for you and your family is key to making a house feel like a home.
Unfortunately, many landlords don’t provide, and in some cases aren’t legally required to share, crime and safety information to a potential tenant.
“Along with costs and amenities, tenants should be prepared to ask a variety of questions about safety measures before signing a lease and moving into a new apartment or home” says Michael Haggard. Haggard is the Managing Partner of The Haggard Law Firm (www.haggardlawfirm.com) which has made a mark successfully representing tenants who are injured or killed by someone committing a crime that could have been prevented if the landlord of the property where the crime occurs had taken proper security measures.
On August 16th, 2018 The Haggard Law Firm will present Winning Case Strategies in Premises Liability, a FREE CLE Credit Seminar. The event will take place from 1 to 5pm at the Doubletree Jacksonville Riverfront. To RSVP for the seminar, email or call Stacy at slaffere@haggardlawfirm.com 305.446.5700
This article about premises liability cases was authored by trial lawyer and Haggard Law partner Douglas McCarron who will be one of the presenters at the CLE Seminar
Common Conditions that Give Rise to a Premises Liability Case
by Douglas Mccarron
In my experience, the most common condition in any premises liability case is the lack of guardianship of the property. In most instances, the property owner and/or manager fails to put in place policies and procedures that ensure that the premises is kept in a reasonably safe condition. For example, in many negligent security cases it becomes obvious that the owner and management fail to do anything that assesses violent crime occurring at the property. Without knowing what type of crime is happening, it is nearly impossible to know what type of security measures are needed. How can the owner make decisions about access control, manned security, and surveillance cameras, if they have failed to gather the crime statistics for the property and the surrounding area? The answer is simple, they do not know and consequently violent crime continues to victimize the property’s guests and invitees. In slip and fall cases, many properties fail to ensure that their employees follow the internal policies and procedures to maintain the property in a safe manner. This leads to dangerous conditions being left on the property for an unacceptable amount of time.
If property owners simply prepare policies and procedures for their employees to follow and have appropriate supervision to ensure that the policies and procedures are being followed, then the most dangerous conditions would cease to exist. Obviously, financial considerations come into play for the property owners. In developing a premises liability case, it is important to discover exactly what property owners are failing to do and why they are failing to do it. Jurors do not appreciate property owners turning a blind eye and pleading ignorance. Jurors also do not accept that the owners do not want to put the necessary resources (money) into the property to make it safe.
According to WTVJ-TV in Miami, police have charged a local man who they say “pimped a teenage girl out of a Hialeah hotel” while the suspect was already in jail on a separate charge.
42-year-old Edward Lee was arrested on charges that included: human trafficking and contributing to the delinquency of a minor. By law, forcing any minor to have sex is considered human trafficking.
Trial lawyer Todd Michaels of The Haggard Law Firm said “For too long, human trafficking has been ignored. After drug dealing, it is the second most committed criminal act in the world. The horrors that the victims face are beyond comprehension—forced prostitution, slavery, and other forms of torture with no escape.” (Todd Michaels Bio)
The NBC television affiliate reported “According to a police report, Lee kept communication with his girlfriend while he was behind bars and ordered her to force the 14-year-old victim into prostitution out of the hotel off Okeechobee Road in May of that year – instructing her to keep the teen inside the hotel room since she was a runaway.” Police say the teen had sex with 6 men in one day.
Haggard Law, which has litigated against hotels/motels in a variety of premises liability and negligent security cases for more than a decade, is focused on bringing more attention to how commercial businesses play a key role in combating the tragedy of trafficking. Those businesses who do not take responsibility and don’t take active roles in combating trafficking should be held responsible.
Michaels says, “the great enabler for all of these crimes are the commercial premises—hotels, strip malls, apartment buildings—that turn a blind eye to these horrific acts happening right under their noses. Every commercial property owner has a legal duty to act when these crimes are happening on their premises. It is time to start holding those who willfully turn a blind eye responsible.”
Hotels and Motels are Top Targets of Operations For Traffickers
Motels and hotels are considered ideal locations for sex traffickers to operate their heartless and vicious operation. Experts say it is because traffickers are capitalizing on the lack of awareness around this issue within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for.
Lack of awareness is not a true excuse anymore. Hospitality associations, law enforcement, the federal government and more have discussed the issue in the media and offer training on what the signs are of possible human trafficking at a motel or hotel.
In January Marriott Hotels made human trafficking training mandatory for all associates and developed training tailored to the specific roles on its properties. Over 225,000 associates completed the training this in 2017. It’s a training that has continued in 2018. Haggard Law is confident that if the general knowledge and action taken by some in the industry is not enough to motivate all commercial businesses to become active in the fight against sex trafficking, then premises liability or negligent security civil action will become a new motivating factor.
VIDEO: Haggard Law Firm Managing Partner and Trial Lawyer Michael Haggard is the current President of the National Crime Victim Bar Association. In this video, Haggard discusses shares that human trafficking is at the top of his agenda during his term.
Although each negligent security case may bring about different facts or require ingenuity with your strategy, there are certain elements of your case that remain constant. One of those elements is crime statistics. The importance of crime statistics in your case cannot be stated enough. Not only do these statistics help establish notice and foreseeability to the defendants, they are also a treasure trove of information.
With respect to notice and foreseeability, your crime statistics establish what the defendants “knew or should have known” prior to and at the time of subject incident. So what should you request? You begin by requesting the calls for service and all police reports for the subject property. This needs to be done in one request. From there, depending on your jurisdiction, you will order up to a mile radius for the calls for service. Once you receive each respective request, you must synthesize the data. For example, you will detail the violent and non-violent crimes and their frequency on the property. This provides a picture of what type of crime was going on at the property. It provides you with the ability to illustrate to the jury the level of crime occurring and can be used effectively to show that it is an improbability for a defendant to be unaware of the police being called to the property.
Haggard Law Firm partner and trial attorney Christopher Marlowe says one of the elements of a civil trial that he looks forward to the most…is picking a jury.
The Haggard Law Firm recognizes National Slavery and Human Trafficking Prevention Month throughout January. The Department of Defense defines Human Trafficking as” a crime in which force, fraud or coercion is used to compel a person to perform labor, services or commercial sex. It affects all populations: adults, children, men, women, foreign nationals and U.S. citizens, and all economic classes.”
Studies show that a large percentage of locations where sex trafficking takes place are commercial businesses like hotels, truck stops and massage parlors.. One survey found hotels and motels are the single-most common venue for sex trafficking in Florida during the first half of 2017. Experts say it is because the traffickers want to remain transient to avoid suspicion and arrest.”
Make your plans now to join The Haggard Law Firm‘s Michael Haggard from December 5th to the 7th in Portland, Oregon for the 2017 National Crime Victims Bar Association’s National Conference, Civil Actions for Criminal Acts. Haggard, the organization’s President-elect will be among the speakers during the conference. The event offers attorneys a chance to network and learn from other attorneys in the field, and connect with victim advocates, counselors, program managers, attorneys, social workers, psychologists, researchers, nurses, volunteers, administrators, clergy, nonprofit managers, system-based service providers, and leaders from across the country.
Conference Training Highlights Include:
15 workshops and four plenary sessions covering topics such as violence against women, campus crimes, elder abuse, victims with disabilities, underserved populations, children and youth, and many more;
Option to obtain Continuing Legal Education credits; and
Networking opportunities over lunch.
Don’t miss this opportunity to engage with other professionals in the field, or to attend Haggard’s workshop session!
Congratulations to The Haggard Law Firm’s Managing Partner Michael Haggard who was named the recipient of the 2017 Perry Nichols Award.
The Perry Nichols Award was created in 1977 in honor of the visionary who first brought Florida’s leading trial attorneys together to create the Negligence and Compensation Lawyers of Florida, the predecessor to today’s Florida Justice Association. It is the most prestigious award given by our organization and is given to the attorney whose perseverance, commitment, and unmatched dedication to the civil justice system is at the forefront of their lives. The FJA says the award is bestowed upon the attorney who sets the standard for the rest of us to aspire to achieve.
When the market-leading information resource serving the security industry needs insight on how property owners and managers can avoid million dollar negligent security verdicts, it asks The Haggard Law Firm.
Haggard Law Firm Managing Partner Michael Haggard wrote an article for SourceSecurity.com titled: Securing Premises To Avoid Million Dollar Verdicts. In it, Haggard kays out the elements of negligence elaborate on risk-management practices and the importance of security as a responsibility.
Haggard Law has litigated more than 250 negligent security cases that have resulted in more than $300 million in verdicts and settlements for our clients.
Here is the article as it appeared on SourceSecurity.com:
Each Haggard Law Firm has been recognized in the 2018 Best Lawyers in America List. Recognition by Best Lawyers is based entirely on peer review. Its methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Congratulations to (listed with practice area category):
Our Managing Partner, Michael Haggard, was also named the Miami area’s 2018 Lawyer of The Year in the Personal Injury Litigation- Plaintiff category. Only one attorney in each category and the geographical area receive this honor.
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If you know of or are a victim of serious crime or have been injured in through no fault of your own, contact the Haggard Law Firm for a free consultation by clicking here or dialing 3054465700
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